SMITH v. STATE

48579.

130 Ga. App. 390 (1973)

203 S.E.2d 375

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided November 16, 1973.

Rehearing Denied December 5, 1973.


Attorney(s) appearing for the Case

William G. Hughes, for appellant.

Richard Bell, District Attorney, George N. Guest, for appellee.


EVANS, Judge.

The defendant was convicted of the offense of burglary, in that he did, "unlawfully and with force and arms without authority and with intent to commit a theft therein, enter the building of Suburban Plaza Lerner Shop, Inc." He was sentenced to serve a term of three years. The appeal is from the judgment and sentence. Held:

1. Defendant complains because the trial court failed to properly instruct the jury as to the meaning of the term...

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